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Dáil Éireann debate -
Thursday, 26 Mar 1998

Vol. 489 No. 2

Written Answers. - Non-resident Companies.

Pat Rabbitte

Question:

61 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will confirm that a working group has been set up under the auspices of her Department to examine the administrative and legislative position of the estimated 40,000 non-resident companies which hold no assets and conduct no trading business in this State; the membership and terms of reference of the group; if it has reported; if so, the findings of the report and if it will be published; and if she will make a statement on the matter. [3870/98]

Derek McDowell

Question:

64 Mr. McDowell asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans, if any, she has to amend the Companies Acts, 1960 to 1990 to abolish Irish registered non-resident companies; the way in which she intends to protect the interests of transnational companies based and doing business in Ireland; and if she will make a statement on the matter. [7671/98]

I propose to take Questions Nos. 61 and 64 together.

An International Financial Services Centre working group, under the aegis of the Department of the Taoiseach and made up of representatives of our Department and the Department of Finance, the Department of the Taoiseach, the Revenue Commissioners, the Central Bank, the IDA and some private sector interests, who are members of the IFSC banking and treasury committee, was set up by us last year with a view to finding solutions to problems created by certain Irish registered non-resident companies, or IRNRs. There were no written terms of reference set out for the group. The work of this group is ongoing and they have so far considered proposals in relation to taxation, company law and the money laundering provisions of the Criminal Justice Act, 1994.

In December last I set up an interagency/departmental working group in our own Department, made up of representatives from the IDA, Forbairt, Forfás, the company law section and the planning and company registration office, with a view to advising me on the proposals under consideration in the IFSC group. This group has made its recommendations to me and these will be subject to the usual procedures in relation to Government decision making.

The recommendations are as follows. In relation to taxation measures it recommended that we provide that once a company registers in Ireland it will be regarded as tax resident in Ireland, subject to the grant of exemptions, to certain companies, such as multinational companies, with operations here. The Minister for Finance is considering this question.

In relation to company law measures, the group recommended that the upcoming Companies (Amendment) Bill should provide that all companies have a director resident in Ireland or the EU and that the number of directorships to be held by any person should be limited with the possibility of exemptions to be granted by either the Minister or the Registrar of Companies. These measures are the subject of discussion with the Office of the Attorney General, having regard in particular to constitutional and EU legal obligations. It was also recommended that the CRO take steps to ensure better enforcement/ compliance, with existing company law requirements applying to the CRO now that additional resources have been provided over the past two years for that office.
In regard to money laundering provisions, the group also agreed to support a Central Bank proposal in the IFSC working group, which involves bringing company formation agents within the money laundering provisions of the Criminal Justice Act, 1994. The effect of this proposal would be to impose "know your client" requirements on company formation agents.
Deputies will be aware from previous discussions in this House over the past month of the complexity of the problem, of the desire not to hinder companies, using IRNRs for legitimate purposes and the unreliability of the estimated number of these companies. Despite these difficulties, I want to reiterate our Government's commitment to finding a solution to the IRNR problem as quickly as possible.
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